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The Delhi High Court emphasized the need for authorities to make a decision regarding the regularization of unauthorized colonies that have sprung up in the city. The court stated that these colonies, which have been constructed with significant investments, should not be left in a state of limbo. The bench, consisting of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, emphasized that it is the responsibility of the government, rather than the courts, to determine whether these colonies should be regularized.
The court urged the authorities to take a decisive stance on the regularization of these unauthorized colonies, regardless of whether they belong to affluent or non-affluent individuals. It reminded the authorities that these colonies did not appear overnight; they were established right under their noses. The court expressed concern that the continued uncertainty surrounding the regularization of these colonies is causing distress to the homeowners who have invested significant amounts of money in constructing their residences.
In response to pleas from residents of Sainik Farms seeking permission to carry out repairs in their unauthorized colonies, the court firmly stated that it would not grant any such permission. It emphasized that no additional construction, not even a single brick, should take place in these unauthorized colonies.
During the hearing, Additional Solicitor General Aishwarya Bhati, representing the Centre, informed the court about a recent meeting of a high-powered committee. The committee concluded that there are no provisions in the existing law, rules, or regulations that allow for permissions to be granted for repairs in affluent unauthorized colonies. Bhati stated that no special privileges or relaxations have been granted to these colonies under the National Capital Territory of Delhi (Special Provisions) Act.
The minutes of the committee's meeting revealed that buildings in affluent unauthorized colonies have been constructed in clear violation of land use and layout plans. However, existing buildings in these colonies are protected against punitive action until December 31, 2023, under the Act. Bhati assured the court that the Centre would expedite the decision-making process regarding these colonies.
The court urged the Additional Solicitor General to resolve the issue promptly and requested the Centre to submit a status report on the matter by August 25. The committee expressed concerns that granting permission for repairs could potentially lead to further unauthorized constructions and set a precedent for similar demands from residents of other unauthorized colonies.
Opposing the pleas made by residents of Sainik Farms, the Centre previously informed the court that the colony is purely unauthorized and that granting interim relief would only encourage further unauthorized construction. The court had previously asked the Centre to consider establishing a mechanism that ensures credible vigilance in granting permission for repairs and maintenance, highlighting the potential risks to houses in the area if repairs were neglected.
In conclusion, the Delhi High Court emphasized the need for the government to make a decision regarding the regularization of unauthorized colonies and urged them to address the issue promptly. The court firmly stated that no repairs or additional construction should be permitted in these colonies. The matter has been listed for further proceedings on August 25, and the Centre has been instructed to provide a status report.
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